Committee Won’t Regulate ATVs On Private Land

DENNISVILLE – After long and careful consideration of several years’ worth of complaints, investigations, and subcommittee meetings, Dennis Township Committee members said they have no plans to regulate the use of ATVs on private property.
Deputy Mayor Brian O’Connor said that regulating legal conduct on private property is something “not to be taken lightly, and in this case, is something the residents of Dennis Township have told us they do not want.” O’Connor explained that ATVs are a part of life for many Dennis Township residents. “Many residents use ATVs for recreation, for hunting, farming, taking out the garbage. It’s a rural community. To be honest, that’s why many people move to Dennis Township in the first place.”
Committee member Brian Teefy echoed O’Connor’s sentiments, “When my wife and I made the decision to move from Sea Isle to Dennis Township 15 years ago, being able to use our property for things like this for our daughters was a factor.” Teefy said committee members have spoken about the issue many times, “We are all in agreement that there is no real ATV problem in Dennis Township, this is just a dispute between neighbors.”
South Dennis resident Gary Gibson has filed multiple complaints regarding ATV operation, noise, pollution, and venue concerns regarding particular properties. These complaints have been filed with various agencies at the state, county and municipal level.
Gibson has made multiple requests of committee and the Consolidated Land Use Board to adopt or amend ordinances to regulate ATV use in the township.
“We have studied the issues and opinions, all of them, opinions of residents and reports from other governmental bodies,” said Committee member Albert DiCicco. “We’ve concluded that Mr. Gibson’s position is not reflective of the community at large.”
The reports DiCicco refers to are voluminous. They include reports from Cape May County Department of Health, Cape Atlantic Conservation District (CACD), Dennis Township Environmental Commission, and the Consolidated Land Use Board.
Investigations were conducted by the agencies in response to Gibson’s complaints, and reports of the findings were forwarded to committee. DiCicco, a resident of the same neighborhood as Gibson, said that none of the investigations have led to formal action, nor have any reports recommended that committee do so.
When asked why committee would not introduce a noise ordinance, O’Connor responded, “We have looked at this from all angles, traffic, zoning, noise ordinance, but the fact is that township committee can’t make new rules every time someone has a feud with a neighbor.”
DiCicco explained that nuisance noise ordinances are often too broad and while decibel noise ordinances are commonly used to regulate commercial and industrial noise, and occasional loud parties, it is difficult to enforce decibel based ordinances, especially being that Dennis Township does not have their own police force, and relies on New Jersey State Police for patrols.
Gibson, who was a member of the ATV subcommittee, sent a letter to township committee Feb. 27 urging members to adopt a nuisance noise ordinance concerning barking dogs. The letter stated that Shore Animal Control, the township’s animal control contractor, “supported and endorsed” ordinances similar to the one being requested by Gibson.
Township Solilcitor Jeffrey April informed Gibson in writing March 6 that committee had discussed his request, and had decided not to introduce such an ordinance.
In an email to the township clerk March 8, Shore Animal Control’s Public Information Officer Linda Gentile wrote, “We wanted to have you pass on to your mayor and council that Shore Animal Control is not in support of any dog barking nuisance ordinance. It seems Gary Gibson has used our company to pursue his own agenda.”
When asked why a new noise ordinance would not be introduced, DiCicco said that the township already has a noise ordinance which applies specifically to dogs. “We are satisfied that our ordinance adequately addresses the issue of noisy dogs. If Mr. Gibson has an issue with a neighbor’s dog, he can simply go to the courthouse to sign a complaint under the existing ordinance,” DiCicco said. “We just want the residents of Dennis Township to know that we have been responding to and investigating the complaints, but there seems to be no way to satisfy Mr. Gibson. While we respect his opinions, we vigorously disagree with his contentions.”
To contact Don Tozer, email dtozer@cmcherald.com.